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TERMS AND CONDITIONS
This internet web site agreement (the "Agreement") is
between you ("User") and Vixonline.com. Use of this
Web Site ("this Web Site") and any services offered
on this Web Site signifies your agreement to the terms and conditions
of use set forth below in the Agreement. If you don't wish to
be bound by what you read below, you shouldn't register with Vixonline.com.
We may change these terms at any time but will notify you in advance
of any changes; your continued use of Vixonline.com means that
you accept any new or modified terms and conditions.
1. ACCEPTANCE OF TERMS AND CONDITIONS
1.1 You acknowledge that you have read the terms and conditions
of use and that you accept the terms thereof. You agree to read
these terms and conditions of use carefully before using this
Web Site. If you do not agree to these terms and conditions of
use, you may not access or otherwise use this Web Site.
2. VARIATION OF THE AGREEMENT
2.1 Vixonline.com reserves the rights, at its sole discretion,
to change, modify, add or remove any portion of the Agreement,
in whole or in part, at any time. Notification of changes in the
Agreement will be posted on this Web Site. If you do not agree
to these changes, you may not access or otherwise use this Web
Site.
3. TRADEMARKS
3.1 Vixonline.com is the owner of the trademarks and service marks
"VIX". These trademarks and service marks may only be
used or reproduced with prior written consent from Vixonline.com,
and may not be used in connection with any product or service
that is not Vixonline.com's in any manner that is likely to cause
confusion among consumers or in any manner that disparages or
discredits Vixonline.com. All other trademarks and service marks
that appear on this Web Site are the property of their respective
owners, who may or may not be affiliated with or connected to
Vixonline.com.
4. COPYRIGHT
4.1 This Web Site is protected by copyright as a collective work
and/or compilation, pursuant to international copyright laws and
international conventions and is the exclusive property of Vixonline.com
and/or the providers of the content under license. The contents
of this Web Site are only for your personal, non-commercial, internal
use. By "content"("the Content") we mean any
information, mode of expression, or other materials and services
found on Vixonline.com. This includes message boards, chats, software,
our writings, graphics, and any and all other features found on
the site. All materials contained on this Web are protected by
copyright, and are owned or controlled by Vixonline.com or the
party credited as the provider of the Content. You will abide
by any and all additional copyright notices, information, or restrictions
contained in any Content on this Web Site.
4.2 Vixonline.com grants you a limited, revocable (at the sole
discretion of Vixonline.com), non-exclusive, non-transferable,
personal licence to access and view, download the Content and
make one (1) copy for personal, non-commercial use of viewing,
reading and retaining for reference only, provided that you preserve
and acknowledge all copyright and other notices contained in such
Content. Copying or storing of any Content for other than personal,
non-commercial use (whether in electronic or hard-copy form) is
expressly prohibited without the prior written permission from
Vixonline.com or the copyright holder identified in any copyright
notice appearing on the Content.
Please note that, notwithstanding the foregoing, when you post
content (such as a message board post ) on our site, you are not
somehow surrendering your copyright in that message. By using
and posting on our website, you agree that Vixonline.com has an
unlimited license to republish anything you post in our areas,
however you may retain the right to use your words subject to
and with no variation of the terms of the Agreement shall apply.
If you don't want us to republish your words, then don't post
them on our site. We'll only republish your posts in context and
we'll credit you (under your user name) as author. We won't republish
your posts in advertising without your permission.
4.3 The aforesaid licence shall in no way whatsoever operate as
a transfer of title and does not include the following :
(a) any resale or commercial use of this Web Site or its Contents;
(b) any collection or compilation and use of the Contents or any
part thereof;
(c) any downloading or copying of the Contents or any part thereof
for the benefit of any commercial purpose;
5. NO EXPLOITATION FOR COMMERCIAL PURPOSE
5.1 This Web Site or any part thereof may not be reproduced, duplicated,
copied, sold, resold, visited or otherwise exploited for any commercial
purpose.
6. FRAMING
6.1 You may not frame or utilize framing techniques to enclose
any part of the Content and/or any trademark, logo or any other
proprietary information (including images, text, page layout or
form) of Vixonline.com.
7. META TAGS
7.1 You may not use any meta tags or any other "hidden text"
utilizing Vixonline.com's name, the domain name of this Web Site
or trademarks or logos of Vixonline.com.
8. HYPERLINKS
8.1 You are granted a limited non-transferable, personal, revocable
(at the sole discretion of Vixonline.com) and non-exclusive right
to create a hyperlink to the home page of this Web Site so long
as the link does not portray Vixonline.com or this Web Site in
a false, misleading, derogatory or otherwise offensive matter.
You may not use any Vixonline.com trademark or logo or other proprietary
graphic or trademark as part of the link without the prior written
consent of Vixonline.com.
9. MODIFICATIONS TO USE OF THIS WEB SITE
9.1 Vixonline.com may, in its sole discretion at without being
required to give any notice, change, suspend or discontinue any
aspect of this Web Site at any time, including the availability
of any Web Site feature, database, or Content. Vixonline.com may
also impose limits on certain features and services or restrict
your access to parts or all of this Web Site without notice or
liability.
10. REPRESENTATIONS AND WARRANTIES
10.1 You hereby represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or
otherwise publish through this Web Site any materials which :-
(i) may restrict or inhibit any other user from using and enjoying
this Web Site,
· (ii) are unlawful, threatening, harmful, abusive, libelous,
defamatory, obscene, vulgar, offensive, pornographic, profane,
threatening, sexually explicit or indecent, or which discloses
private or personal matters concerning any person;
(iii) may constitute or encourage conduct that would constitute
a criminal offense, give rise to civil liability or otherwise
violate law,
(iv) may violate, plagiarize or infringe the rights of third parties
including, without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary right in any
jurisdiction,
(v) may contain any viruses or other harmful component designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment, or any data
or information contained therein,
(vi) may contain any information, software or other material of
a commercial nature,
(vii) may contain advertising of any kind,
(viii) may constitute or contain false or misleading indications
of origin or statements of fact,
(ix) may interfere with or disrupt the operation and functionality
of this Web Site or servers or networks connected to this Web
Site,
(x) may constitute unsolicited or unauthorized advertising, promotional
material, "junk mail", "spam", "chain
letter", "pyramid schemes" or any other form of
solicitation except in those areas on this Web Site that are designated
for such purpose,
(xi) "stalk" or otherwise harass another,
(xii) collect or store personal data about other users, or
(xiii) may constitute information, the publication, dissemination,
distribution or disclosure of which may violate or contravene
or be prohibited by the provisions of the Official Secrets Act
(Cap 213), Singapore.
(b) that you are at least eighteen (18) years old.
(c) You participate in and/or operate message boards, chat rooms,
and/or other Vixonline.com features at your own risk. If you are
unhappy with the contents and/or operation of a message board
and/or chat room, your only recourse is to contact the host of
said message board and/or chat room. If you are dissatisfied with
any feature, operability, contents, this agreement and other agreements
Vixonline.com imposes as a condition of usage, or any other components
of the Web site, your sole remedy is to discontinue use of Vixonline.com
services.
(d) You acknowledge that Vixonline.com has the right to delete
any messages, files, or any other content that you may have uploaded
to any service of Vixonline.com which have not been accessed for
some period of time and is deemed by Vixonline.com, in its sole
discretion, to be abandoned, or any materials that violate the
terms of this or any other binding agreement.
(e) You understand that any information you post onto the discussion
forum or chat room, and within the website, is available to all
persons accessing that site. You acknowledge that Vixonline.com
have no way of preventing individuals or companies from contacting
you if they've seen your information publicly posted.
(d) You understand that Vixonline.com reserves the right to add
new membership programs and to change the terms of any existing
membership programs at any time. These modifications may include,
but are not limited to, changes in the service, product offerings,
price, or administration of the program. Not all products are
available for all platforms, clients, or browsers. Vixonline.com
will announce any change in the price of the program on its website
prior to any such change taking effect.
11. INDEMNITY
11.1 You hereby agree to indemnify, defend and hold Vixonline.com,
and all its officers, directors, owners, agents, employees, content
and information providers, affiliates, partners, licensors and
licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liability and costs incurred
by the Indemnified Parties in connection with any claim arising
out of any information or Content which you submit, post or transmit
or make available on this Web Site, your use of this Web Site,
any breach by you of the Agreement or the foregoing representations,
warranties and covenants, including, without limitation, attorney
fees and costs on a full indemnity basis. You shall cooperate
as fully as reasonably required by Vixonline.com in the defense
of any claim. Vixonline.com reserves the right, at its own expense,
to assume the exclusive defense and control of any matter subject
to indemnification by you and you shall not in any event settle
any matter without the prior written consent of Vixonline.com.
11.2 You shall remain solely liable for the Content you upload
or transmit to any Forum, message board, chat room or any interactive
areas on the Site. You agree to indemnify and hold harmless Vixonline.com
from any claim, action, demand, loss, expense or damages (including
attorneys' fees) made or incurred by any third party arising out
of or relating to your conduct, your violation of these terms
and conditions, or your violation of any rights of a third party.
In the event that you have a dispute with one or more users, you
release Vixonline.com (and our officers, directors, agents, subsidiaries
and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected
with such disputes.
12. LINKS TO OTHER SITES
12.1 This Web Site may contain links and pointers to other related
World Wide Web Internet sites, resources, and sponsors of this
Web Site. Links to and from this Web Site to other third party
sites are maintained by third parties over whom Vixonline.com
has no control. Accordingly, you hereby agree and acknowledge
that such links do not imply or constitute an endorsement by Vixonline.com
or any of its subsidiaries or affiliates of any third party resources,
or their contents. As Vixonline.com has no control over such third
party sites or resources, you acknowledge and agree that Vixonline.com
is not responsible for the availability of such external sites
or resources and does not endorse and is not responsible or liable
for any content, advertising products or other materials on or
available from such sites or resources. You further acknowledge
and agree that Vixonline.com shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with any use of or reliance on
any such content, goods or services available on or through any
such site or resource.
13. DEALINGS WITH ADVERTISERS AND MERCHANTS
13.1 Your correspondence or business and other dealings with any
merchant, advertiser or any other third party through any commercial
service offered via an official Vixonline.com partnership or affiliate,
via this Web Site (including but not limited to purchase term,
payment term and delivery of related goods and services, and any
other terms, conditions, warranties or representation associated
with such dealings) are solely between you and such advertiser,
merchant or third party. You agree that Vixonline.com shall not
be responsible or liable for any loss or damage of any sort incurred,
either directly or indirectly, as the result of any such dealings
or as the result of the presence of such advertisers, merchants
or third parties on this Web Site, and you agree to release Vixonline.com
from all liability or responsibility for the same. You further
agree to indemnify and keep indemnified Vixonline.com against
all loss, damage, cost and expense that Vixonline.com may suffer
as a result of any claims made against Vixonline.com by such advertisers,
merchants or third parties arising out of or in connection with
any dealing you may have with the said parties.
14. ACCURACY OF CONTENT
14.1 All information, contents, product and services associated
and/or provided on Vixonline.com is to be used on an "as
is, with all faults, we're not perfect" basis. Vixonline.com
does not in any way whatsoever warrant, represent or endorse the
accuracy or reliability of any Content displayed or distributed
through this Web Site including but not limited to any advice,
opinion, statement, or other information. Vixonline.com and/or
its vendors disclaim any warranty of any kind, whether express
or implied, as to any matter whatsoever relating to this web site
and any information, content, products, and services provided
herein, including without limitation the implied warranties of
merchantability, fitness for a particular purpose, title, and
non-infringement. You acknowledge that any reliance upon any such
Content shall be at your sole risk. Vixonline.com reserves the
right, in its sole discretion, to correct any errors or omissions
in any portion of this Web Site.
14.2 Vixonline.com does not and cannot review all materials posted
to this Web Site by users, and Vixonline.com is not responsible
for any such materials posted by users. However, Vixonline.com
shall have the right (but not the obligation) to disclose any
information as necessary to satisfy any law, regulation or government
request, or to edit, move, refuse to post or to remove any information
or materials, in whole or in part, that in Vixonline.com's sole
discretion are objectionable or in violation of the Agreement
or any law. In this regard, you acknowledge and agree that you
must evaluate and bear all risks associated with the use of any
Content, including any reliance on the accuracy, completeness
or usefulness of such Content.
14.3 Vixonline.com makes no warranty that (i) the service will
meet your requirements, (ii) the service will be uninterrupted,
timely, secure, or error-free, (iii) the results that may be obtained
from the use of the service will be accurate or reliable, (iv)
the quality of any products, services, information, or other material
purchased or obtained by you through the service will meet your
expectations, and (v) any errors in the software will be corrected.
15. USE OF INFORMATION RECEIVED FROM YOU
15.1 By submitting data or information, posting messages, uploading
files, inputting data or Content or engaging in any other form
of communication (individually or collectively "Communications")
to this Web Site, you hereby grant to Vixonline.com a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty free
license to use, copy, license, sublicense, adapt, distribute,
display, publicly perform and display, reproduce, transmit, modify,
edit and otherwise exploit such Communications, in all media now
known or hereafter developed. You represent and warrant that you
own or otherwise control all of the rights to the Content that
you post; that the Content is accurate, that use of the Content
does not violate the Agreement and will not cause injury to any
person or entity, and that you will indemnify and keep indemnified
Vixonline.com, all its officers, directors, owners, agents, employees,
content and information providers, affiliates, partners, licensors
and licensees against any claims resulting from the Content you
supply. Vixonline.com has the right but not the obligation to
monitor and edit or remove any Content in its sole discretion.
Vixonline.com shall in no way whatsoever be responsible or liable
for any Content posted by you or any third party. You hereby waive
all rights to any claim against Vixonline.com for any alleged
or actual infringements of any proprietary rights, rights of privacy
and publicity, moral rights, and rights of attribution in connection
with such Communications.
15.2 Vixonline.com may monitor your use of this Web Site, and
may freely use and disclose any information and materials received
from you or collected through your use of this Web Site for any
lawful reason or purpose.
15.3 You acknowledge that transmission to and from this Web Site
are not confidential and your Communications may be read or intercepted
by others. Vixonline.com makes no representation, warranty or
assurance that your Communications will be treated as confidential
or proprietary. You acknowledge and agree that by submitting Communications
to Vixonline.com, no confidential, fiduciary, and contractually
implied or other relationship is created between you and Vixonline.com
other than pursuant to the Agreement.
15.4 Please also review Vixonline.com's Privacy Policy, which
also governs your use of the Web Site.
16. SEVERABILITY
16.1 If any provision is declared invalid by any tribunal or competent
authority, then such provision shall be deemed automatically adjusted
to conform to the requirements for validity as declared at such
time and as so adjusted, shall be deemed a provision of the Agreement
as though originally included. If the provision invalidated is
of such a nature that it cannot be so adjusted, the provision
shall be deemed deleted upon the Agreement as though the provision
had never been included, in either case, the remaining provisions
of the Agreement shall remain in full force and effect.
17. LANGUAGE OF THE AGREEMENT
17.1 The text of the Agreement herein written in the English language
is the authentic text and any difficulties and uncertainties in
interpretation arising shall be solved by reference to this text
and it shall prevail over any translation made hereof.
18. WAIVER
18.1 The failure of Vixonline.com to enforce at any time any of
the provisions of the Agreement or to require at any time your
performance of any of such provisions, shall in no way affect
the validity of the Agreement or the right of Vixonline.com thereafter
to enforce each and every provision.
18.2 No waiver of any default hereunder by Vixonline.com or any
failure to enforce any right hereunder shall be deemed to constitute
a waiver of any subsequent default with respect to the same or
any other provisions hereof.
20. ENTIRETY OF AGREEMENT
20.1 This Agreement constitutes the entire agreement between Vixonline.com
and you with respect to your use of this Web Site.
21. ARBITRATION AND PROPER LAW
21.1 The construction, validity and performance of the Agreement
shall be governed by and construed in accordance with the laws
of Singapore and the parties submit to the non-exclusive jurisdiction
of the Singapore courts.
21.2 Any dispute arising out of or in connection with the Agreement,
including any question regarding its existence, validity or termination,
shall be referred to and finally resolved by arbitration in Singapore
in accordance with the Arbitration Rules of the Singapore International
Arbitration Centre ("SIAC Rules") for the time being
in force which rules are deemed to be incorporated by reference
into this Agreement. The law of the arbitration shall be the International
Arbitration Act Cap 143.
21.3 The arbitration tribunal shall consist of one (1) arbitrator
to be appointed by the Chairman of SIAC.
21.4 The language of the arbitration shall be English.
22. ASSIGNMENT
22.1 You shall not assign or transfer, or purport to assign or
transfer, any of its rights or obligations under the Agreement
without the prior written consent of Vixonline.com. Vixonline.com
shall be entitled to assign or transfer its rights, title, benefits,
interests, obligations under the Agreement or any part thereof,
without requiring your consent.
23. TERMINATION
23.1 You agree that Vixonline.com may in its sole discretion terminate
the Agreement and all licences and rights granted by Vixonline.com
to you hereunder, and your access to the Web Site or any part
thereof without any prior notice, without being liable therefore
to you or any third party.
24. REGISTRATION AND USE
24.1 You have been provided with an account ("Account")
which you may use to navigate and carry out certain transactions
on this Web Site.
24.2 You have been issued with a identification designation ("User
ID"), password ("Password") and account designation
specific to your Account. Your User ID and Password will not be
known or disclosed to any party except Vixonline.com and its employees,
agents and contractors, strictly on a "need-to-know"
basis. However, Vixonline.com shall be entitled to disclose the
User ID, Password or Account contents to any third party if required
to do so by any law, regulation or court order. You shall :-
(i) be solely responsible for maintaining the confidentiality
of your User ID, Password and Account;
(ii) shall immediately notify Vixonline.com of any theft or unauthorized
use of your User ID, Password and Account or any other breach
of security;
(iii) log out of your browser at the end of each of your sessions
on the Web Site, so as to ensure that others cannot access your
Account or personal information and correspondence;
(iv) not disclose your User ID or Password to any third party;
(v) be solely responsible for any activities that take place through
your User ID, Password or Account and for the contents of your
Account.
24.3 Vixonline.com cannot and does not guarantee that the personal
information the User provides will not be intercepted by others
and decrypted. Vixonline.com shall in no way whatsoever be liable
to you for any loss, damage, costs, expense incurred by you as
a result of, arising out of or in connection with the wrongful
or fraudulent use of your User ID or Password or Account, whether
by you or any third party.
24.4 You shall not acquire any rights, title, interests over your
User ID or Password or Account and you agree that Vixonline.com
shall be entitled (in its sole discretion) to terminate the use
of the same at any time whatsoever, without being required to
assign any reason. If your Account shall be inactive for a consecutive
period of six (6) months, Vixonline.com shall also be entitled
(in its sole discretion) to terminate the use of the same at any
time whatsoever, without being required to assign any reason.
Upon such termination, you shall no longer be entitled to use
or access your User ID, Password or Account and Vixonline.com
may deactivate or delete your User ID, Password and Account and
delete all related information and files in your Account. Vixonline.com
shall not be liable to you or any third party for any termination
of your User ID, Password, Account or the contents thereof.
24.5 Your use of your User ID, Password, Account and the contents
thereof shall be subject to the terms and conditions set out in
this Agreement and in Vixonline.com's Privacy Policy.
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